§ 92.28 RUNNING AT LARGE.
   (A)   It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large within the village. For the purpose of this section, any dog shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when outside of the property of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape. Service dogs being used in their official capacity shall be exempt from this requirement.
   (B)   If a dog is running at large within the village, an officer has the authority to capture the animal and attempt to notify the owner or harborer or transport it to the village designated place of impoundment.
   (C)   (1)   The village will reasonably attempt to contact the owner or harborer of a running at large dog that has previously obtained a rabies vaccination and has a valid dog license issued from the village before transporting the dog to impoundment.
      (2)   The dog will be released to the owner or harborer of said animal only upon he or she is paying a “service fee” to the village as follows:
         (a)   First offense within a 24-month period: in an amount as established by the village by resolution;
         (b)   Second offense within a 24-month period: in an amount as established by the village by resolution; and
         (c)   Third and any further offenses within a 24-month period: in an amount as established by the village by resolution.
      (3)   Such costs shall apply to each animal subject to this chapter.
   (D)   Any dog within the village who is not properly rabies vaccinated, or does not have a valid dog license, or for whom the village is unable, after reasonable efforts, to contact the owner or harborer (as stated in division (C) above), or refuses to pay the service fee shall be impounded at the village designated animal impoundment facility. Prior to the animal being released from the impoundment facility, the owner or harborer shall in addition to paying the service fee, pay the impound fee(s) as designated by the impound facility, obtain a rabies vaccination, obtain a required license and pay transportation fees in an amount as established by the village by resolution.
   (E)   It shall be unlawful for any person owning, keeping or harboring any dog to allow the animal to injure or destroy any personal or real property of any description belonging to another person. The owner, keeper or person harboring any such dog, in addition to the person’s usual judgment upon conviction, may be held liable for restitution to the person so injured in an amount equal to the value of the damage sustained.
(Ord. 657, passed 6-22-2022) Penalty, see § 92.99